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29 November 2007 / Anne-sophie Julienne
Issue: 7299 / Categories: Features
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Settled out of court

Does negligent misrepresentation trigger the lifting of the protection afforded by the without prejudice rule? asks Anne-Sophie Julienne

In recent years, English courts have shown increasing support to the without prejudice rule and the settlement of disputes outside of the court. The without prejudice rule renders inadmissible in subsequent litigation admissions contained in communications which are genuinely aimed at settlement. The rule is founded partly upon the need to give effect to the intention of the parties, ie their mutual intention to compromise, and partly upon public policy that parties should not be discouraged from negotiations by the fear that things said or done in the course of written or oral negotiations could be used to their prejudice in the course of proceedings.

PROTECTION NOT ABSOLUTE

Although the protection afforded by the without prejudice rule is not absolute, the courts have taken a restrictive view of the circumstances in which it will be departed from. Save on very rare occasions, it is the fact of the negotiations, rather than their content, which is of interest to the court. As Lord Justice Hoffmann (as he

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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